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Legislative Assembly for the ACT: 2000 Week 5 Hansard (9 May) . . Page.. 1237 ..

MR SMYTH (continuing):

In debate, the Assembly preferred a model submitted by Mr Berry to amend the Occupational Health and Safety Act to create the statutory position of Commissioner for Occupational Health and Safety.

My department has been working since then to implement the decision of the Assembly. I can report that good progress has been made. The recruitment process for the commissioner's position is advancing, and structural changes within the department in anticipation of the commencement of the commissioner are largely completed. The new arrangements will come into effect on 23 June this year.

However, Mr Speaker, some difficulties have been encountered in implementing the decision of the Assembly, and these go to the heart of the coroner's concerns about, and the Assembly's desire for, the independence of this very important regulatory function. It has become apparent that the commissioner's position does not have the power to engage and manage staff, nor does it have financial management powers. Instead, the commissioner is reliant on a chief executive of a department or agency to provide and manage the resources for the conduct of the commissioner's functions. I am sure that members will agree that this is not desirable and that it potentially compromises the independence of the position. I have received advice from my department that the bill I am presenting is the only practical approach available to redress this undesirable situation and to give full effect to the Assembly's objective to provide proper independence of the commissioner.

Mr Berry is also aware of the problems. He has tabled for Assembly consideration a bill which he claims will overcome these problems. At the appropriate time I will explain to members why Mr Berry's approach is insufficient and why the bill I am tabling today is the only practical way in which the Assembly's original decision can be achieved.

This bill involves a minimal change to the original scheme the Assembly approved. It keeps all the features of the commissioner-the powers, functions, roles and references to other relevant laws. The effect of all of these is unchanged. However, the bill creates the commissioner as a corporation sole. This is a simple arrangement that enables the commissioner to properly administer the organisation. It provides all the necessary financial and human resource powers but without any involvement of a department. It ensures that the commissioner is responsible and accountable for resource management decisions.

Mr Speaker, this has been lacking in the legislation to date, and Mr Berry's bill will not deliver this level of independence. The government's approach is efficient. No boards of management are involved. No blurring of accountabilities and relationships occurs. In fact, this bill will ensure that the Assembly's original decision to create a properly independent office can be delivered.

Mr Speaker, normally we would give more notice of legislation, but unfortunately this legislation went through cabinet only yesterday. I have had my staff distributing to each of the offices this morning all the relevant information and have offered to all members immediate briefings from officials of the department.

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